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Georgia Family Law Questions & Answers
2 Answers | Asked in Child Support and Family Law for Georgia on
Q: Missed child support payment, and medical insurance not being paid

I have a court order in place for child support and medical insurance but the non custodial parent failed to pay child support in April and had failed to maintain medical insurance for 4yrs per the court order. He also has not paid child support for the last child since he was born 6yrs ago.

Ellaretha Coleman
Ellaretha Coleman answered on Aug 10, 2020

You can file a contempt action to enforce the order for support.

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4 Answers | Asked in Family Law and Child Custody for Georgia on
Q: Can I ask for a modification of parental visitation if it isn't being used?

My ex husband does not use his time to see our daughter. He has not seen her in 2 months and before that 3 months. He is supposed to get her every other weekend. Is there something I can do to modify the visitation since he isn't using it? And he only calls once a month when our papers say he... Read more »

V. Joy Edwards
V. Joy Edwards answered on Aug 10, 2020

Yes you can, depending on the circumstances. Call us to schedule an appointment to assist you further.

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3 Answers | Asked in Criminal Law and Family Law for Georgia on
Q: Can it be enforced?

I live in the state of Georgia and was told that I have a no contact order against me but that if the sheriff department couldn't serve me with the papers that it couldn't be enforced. Is this accurate?

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Aug 7, 2020

Service has to be perfected or complete before you are considered notified of a court’s order.

We wish you well.

-The Upshaw Law Firm, LLC. (770) 240-0922.

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3 Answers | Asked in Family Law for Georgia on
Q: Can I leave the house at 16?
Priscilla T. Upshaw
Priscilla T. Upshaw answered on Aug 7, 2020

The answer is no. At 16 years old, you are still considered a minor in the state of Georgia. You need parental consent or consent of your legal guardian to leave.

We wish you well.

-The Upshaw Law Firm, LLC. (770) 240-0922.

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3 Answers | Asked in Family Law, Child Custody and Juvenile Law for Georgia on
Q: If I’m 15 and I live with my dad and want to live with my mom. And my mom is doing everything she can but I need to be

Gone ASAP!

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Aug 5, 2020

Since you are 15 years old, it is important to know that in Georgia a child age 14 or older has the ability to request a change of custodial parent, and when the request is made, a custody re-evaluation typically happens. The judge will seriously consider your request, but will evaluate whether the... Read more »

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2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: what can I do to see my children if other parent has a protection order?

we have a court order custody agreement but I can not contact him or the kids. he has had me put in jail twice. I recently filed a motion to amend our custody agreement and we have court Aug 20th 2020. I was hoping I could get some assistance as I was a stay at home mom for 8 years and right now... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Aug 4, 2020

It is not clear if you were ordered to not contact the children as a result of the protective order. If so, the protective order would prevent visitation. However, if the protective order only involves no contact with him, you will need to arrange visitation exchange by third party. Since you have... Read more »

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2 Answers | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: How do I file do I file a decree to have a cased dismissed?

My ex husband has filed paperwork to try to take my child from me. Georgia has no jurisdiction over the matter as I live in Texas, the divorce happened in Colorado and I have never lived in Georgia. He has filed false accusations against me and I am trying to get this case dismissed in Douglas... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Aug 4, 2020

You need to hire an attorney who can review the prior orders, gather evidence and file the Motion to Dismiss. It may require a hearing, so it's not as simple as just asking the court for a dismissal and it happens.

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2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: What happens to a 17 year old who runs away from home?

I no longer feel welcomed in my home.

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Aug 4, 2020

There are a number of scenarios that can play out, one is a runaway charge. Additionally, if there are accusations of abuse, there are other options available as well. It is best to contact an attorney who can assess the specifics of the circumstances and provide a more detailed response.... Read more »

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2 Answers | Asked in Family Law for Georgia on
Q: isn't there a Georgia family law statute that says that in the case that a child was taken into CPS custody

that they have seven days to return the child to the person who has guardianship and or custody of the child as long as the child was not in that person's care when it was taken into CPS custody?

unless they file a dependency petition

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Aug 4, 2020

Not necessarily. There are other factors that must be considered when returning a child. It is best to contact an attorney who can assess the specifics of your circumstances and provide you with a more detailed response.

We are glad to assist you. Contact us whenever you are ready....
Read more »

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2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: I have joint custody with my ex spounse as well court ordered parenting plan/custody rules with ex spouse.

Unfortunately he is not following the rules on the week he gets our child, he talks bad/cussing at her and bringing her in the middle of our disagreements, telling her I am a bad mother etc. She is starting to show signs of anger issues and other concerning things. I applied for legal aid and have... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Aug 3, 2020

Your circumstances are unfortunate. More information is needed before an accurate answer can be provided. It is best to seek the assistance of legal counsel as soon as possible.

We are glad to assist you. Contact us whenever you are ready.

We wish you well.

-The Upshaw Law...
Read more »

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2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: My daughter told DCFS some things and then 7 months later admitted she lied. What can I do to get her back

DCFS took her without any proof of anything didn't get test results for two weeks

Regina Irene Edwards
Regina Irene Edwards answered on Aug 3, 2020

You need to get an experienced attorney who can help you with this. There are no easy answers to a complicated legal issue like this.

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2 Answers | Asked in Family Law and Juvenile Law for Georgia on
Q: Can a 16 year old date a 19 year old in ga
Regina Irene Edwards
Regina Irene Edwards answered on Aug 3, 2020

No.

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2 Answers | Asked in Family Law and Juvenile Law for Georgia on
Q: Can a 15 year old leave her house to live with her grandma
Regina Irene Edwards
Regina Irene Edwards answered on Aug 3, 2020

A 15 year old is a minor and needs the parents' permission to live elsewhere.

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3 Answers | Asked in Family Law and Civil Rights for Georgia on
Q: if i get married at 16 am i automatically emancipated
Priscilla T. Upshaw
Priscilla T. Upshaw answered on Aug 3, 2020

Yes, a minor is considered emancipated once they are legally married.

We wish you well.

-The Upshaw Law Firm, (770) 240-0922.

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2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: My daughter made accusations to DCFS in January and then recanted in court that she lied and DCFS illegally took child

Can I get my daughter back.

Regina Irene Edwards
Regina Irene Edwards answered on Aug 2, 2020

You need to contact an attorney for advice about your specific situation.

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2 Answers | Asked in Family Law for Georgia on
Q: I have a state of Texas Acknowledgement of paternity which gives me full rights. Do I still need ligitimation in Georgia

Dfacs has custody

Regina Irene Edwards
Regina Irene Edwards answered on Jul 31, 2020

Yes. Paternity and legitmation are two different things.

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2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: I have main custody tho its joint custody our child is 2 the mother barley calls him when she haves 3 times atleast a

D

V. Joy Edwards
V. Joy Edwards answered on Jul 31, 2020

Very difficult. Terminating another parent’s rights is not something the Judges do often unless it’s in regards to an adoption. It would be easier getting an order to limit her visitation.

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3 Answers | Asked in Child Custody and Family Law for Georgia on
Q: In 2015, my ex & I divorced & we had a 3 yr old son. I am looking for advice based on the original custody agreement.

We were living in Greenville, SC at the time of the divorce and custody battle. My ex was granted full custody due to an addiction issue I had had several years prior. I have been clean and continue to take drug tests, but have not seen or spoken to my son in over 5 years. His father moved to... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Jul 29, 2020

You need to contact an attorney in Florida. He has the right to remarry and not tell you.

--Regina Edwards | www.EdwardsFamilyLaw.com | 770.854.0777

Fair, Flat Fees Only - No Hourly Billing

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1 Answer | Asked in Appeals / Appellate Law, Child Support and Family Law for Georgia on
Q: contempt for not paying child support and attorney fees, sentenced to jail, can they appeal to avoid jail

If a party has appealed existing court orders (lost appeals, even GA Supreme Court) and has not paid a dime, at the contempt hearing, if the party is found in contempt, can they avoid jail by filing an appeal to drag the case out? What GA case law could be used to prevent appealing if indeed the... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on Jul 29, 2020

We would need to know about the specifics of your case in order to provide you with guidance. You should consult with an attorney who can review the facts and provide you with guidance that is unique to your case. -Homer P. Jordan IV, Esq. 404-620-1558

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